R.K. Merathia, J. - (1.) It was submitted by Mr. A.K. Mehta, appearing for the respondents, that pursuant to the order dated 7.1.2008, an order has been passed on 24.1.2008, in which inter alia it is said that as regards, payment of arrear salary, Management shall sanction his due leave for the period of his non-suspension on submission of his application. He submitted that petitioner was transferred on 16.10.2006. He was relieved on 20.10.2006. Then he filed this writ petition on 25.4.2007, in which interim order was passed on 30.8.2007 and therefore as petitioner did not work during this period from 20.10.2006 to 29.8.20 07, he is not entitled to salary but that can be adjusted against the earned leave, if he makes an application.
(2.) Mr. Rajiv Ranjan, on the other hand, submitted that petitioner was transferred in a malafide manner at the instance of respondent No. 2 Shri Subodh Kant Sahay, a Central Minister as he happened to be uncle in law of the petitioner and there was matrimonial dispute between the petitioner and his in- law including respondent No. 2. He further submitted that against the order of transfer, petitioner filed a representation on 1.11.2006, which was pending before the respondents and petitioner was also asked to furnish certain documents on 8.2.2007. In the meantime, petitioner was seeking information under the R.T.I. Act, which he received only on 19.2.2007 informing him that on receipt of a reference from respondent No. 2 for transfer of petitioner, petitioner has been transferred. After receipt of such information, petitioner again made a representation on 9.4.2007 before the respondents. As nothing was done then petitioner filed this writ petition on 25.4.2007. During the pendency of this case, the order of transfer was rescinded in view of the interim order. He further submitted that thus petitioner cannot be made to suffer for no fault on his part. The entire leave earned during last 15 years of service will be wiped out and petitioner will be deprived of a good amount of salary. He also took me to the orders passed by the LPA Court.
(3.) When I asked Mr. Rajiv as to why petitioner did not join the transferred post pending his representation etc., he prima facie satisfied me on the basis of the materials on records that there were good reasons for not joining the transferred place as there was reasonable apprehension of threat to his life.;